Ebbinghousen v. Worth Club
New York Court of Common Pleas
Appeal by plaintiffs from a judgment dismissing complaint. TMs action was brought by George Ebbinghousen, George A. Widmayer and John Baumann, composing the firm of Ebbinghousen & Co. In the title of the cause the designation of the defendants was “The Worth Club; William L. Simmons, president of the Worth Club.”- The complaint alleged that the Worth Club “is an association consisting of more than seven members or associates, not incorporated, but associated together in the…
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Appeal by plaintiffs from a judgment dismissing complaint. TMs action was brought by George Ebbinghousen, George A. Widmayer and John Baumann, composing the firm of Ebbinghousen & Co. In the title of the cause the designation of the defendants was “The Worth Club; William L. Simmons, president of the Worth Club.”- The complaint alleged that the Worth Club “is an association consisting of more than seven members or associates, not incorporated, but associated together in the city of New York, for social and political purposes; and the defendant, Simmons, is the duly appointed president…
1Opinion of the Court
C. P. Daly, Ch. J.,
with the concurrence of the associate judges, held that even if the facts in the case of Park v. Simmons were precisely like those presented in this case, that the general term of the common pleas would not concur with the doctrine laid down in that case; and thereupon ordered a reversal of the judgment and a new trial, costs to abide the event.
2Cited by13 opinions
- Bear v. HeasleyMichigan Supreme Court · 1893
- Brown v. StoerkelMichigan Supreme Court · 1889
- Loubat v. Le RoyNew York Supreme Court · 1884
- Philomath College v. WyattOregon Supreme Court · 1893
- Brown v. ColeNew York Supreme Court · 1907
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